- 5 - relating to the tax liability at issue, has met his substantiation requirements, maintained records, and cooperated with the Secretary’s reasonable requests for documents, witnesses, and meetings.2 In this case, petitioner bears the burden of proof because he did not: (1) substantiate his expenses; (2) maintain the required records; and (3) cooperate with respondent’s requests. Sec. 7491(a); see Higbee v. Commissioner, 116 T.C. 438, 440-441 (2001). A. 1997 1. Section 6201(d) If a taxpayer asserts a reasonable dispute with respect to any item of income reported on a third-party information return and the taxpayer has fully cooperated with the Secretary, the Secretary has the burden of producing reasonable and probative information concerning that deficiency in addition to the information return. Sec. 6201(d). In this case, petitioner did not fully cooperate with respondent. Therefore, the Court concludes respondent does not have the burden of production under section 6201(d) for the 1997 tax year. 2 Sec. 7491 applies to all years at issue because the examination of petitioner’s returns for all years at issue began after July 22, 1998, the effective date of sec. 7491.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011